smlawrence
Regular Member
My wife and her Dad are under the impression that they can't carry openly since the have their CWP. Can someone point me to something that I can show them otherwise?
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OC'ing with a Concealed Weapon Permit
- Thread starter smlawrence
- Start date
smlawrence:
North Carolina is a Common Law Jurisdiction.
In other words..., '... that which is NOT Prohibited is Allowed.'
North Carolina ONLY Bars Carrying a Concealed Weapon, per NC GS 14-269.
In North Carolina..., getting a Valid North Carolina Concealed Weapons Permit ONLY Authorizes an additional option for Carry, via., Concealed Carry.
One needs no Permit to Openly Carry a Firearm, or any other Weapon, in North Carolina, so as long as the Firearm or Weapon is Possessed by a Law-abiding Person and that the Person is not in a Prohibited Area.
Article 35, of Chapter 14, spells out those Prohibitions.
North Carolina General Statute 14-409.40 enacts Preemption of Firearm-related matters, whereby; such Preemption Precludes the Enforcement of any Open Carry Bans, not in conformity to General Statutes enumerated under Article 35 of Chapter 14, or where otherwise Prohibited by Law.
aadvark
P.S.: By way of a North Carolina CCW, one opens Himself to a entirely new set of Regualtions under Artilce 54B, of Chapter 14.
North Carolina is a Common Law Jurisdiction.
In other words..., '... that which is NOT Prohibited is Allowed.'
North Carolina ONLY Bars Carrying a Concealed Weapon, per NC GS 14-269.
In North Carolina..., getting a Valid North Carolina Concealed Weapons Permit ONLY Authorizes an additional option for Carry, via., Concealed Carry.
One needs no Permit to Openly Carry a Firearm, or any other Weapon, in North Carolina, so as long as the Firearm or Weapon is Possessed by a Law-abiding Person and that the Person is not in a Prohibited Area.
Article 35, of Chapter 14, spells out those Prohibitions.
North Carolina General Statute 14-409.40 enacts Preemption of Firearm-related matters, whereby; such Preemption Precludes the Enforcement of any Open Carry Bans, not in conformity to General Statutes enumerated under Article 35 of Chapter 14, or where otherwise Prohibited by Law.
aadvark
P.S.: By way of a North Carolina CCW, one opens Himself to a entirely new set of Regualtions under Artilce 54B, of Chapter 14.
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smlawrence
Regular Member
They both say thank you for the information. They were both going off of what their instructor told them 15 years ago...lol.
chiefjason
Regular Member
It seems that several of the instructors have done this. Neither of the instructors I have sat through tried to pull that one though. FWIW, I OC when I want to and have a CCP.
Dreamer
Regular Member
I think that ANY instructor that tells his class this myth should be reported to the "North
Carolina Criminal Justice Education and Training Standards Commission" for improperly representing the Law of NC.
Once a few instructors have formal complaints lodged against them and receive sanctions or reprimands, perhaps the NCCJE&TSC will do something to ensure they stop spewing this anti-OC crapola...
p85
Regular Member
being nit picky
In this thread, I have heard the permit called by several sets of initials. Folks, in NC it is a CHP (concealed handgun permit).
In this thread, I have heard the permit called by several sets of initials. Folks, in NC it is a CHP (concealed handgun permit).
Dreamer
Regular Member
Bravo, sir, for pointing this out. It appears that I'm FINALLY getting through to the populace with this point... :monkey
North Carolina issues Concealed Handgun Permits. It does NOT allow you to carry any OTHER type of weapon (knives, batons, etc) concealed--it ONLY applies to lawfully-owned handguns...
http://www.usacarry.com/north_carolina_concealed_carry_permit_information.html
I'm usually the one to bring this up--you beat me to the punch! Thanks, "p85" for pointing this out to everyone...
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JoeSparky
Centurion
To the OP...
IF one is REQUIRED to conceal after receiving a CHP that ALLOWS concealment then Why can we choose to Walk, Run, ride a Bike or horse AFTER WE HAVE BEEN ISSUED A DRIVER'S LICENSE?
IF one is REQUIRED to conceal after receiving a CHP that ALLOWS concealment then Why can we choose to Walk, Run, ride a Bike or horse AFTER WE HAVE BEEN ISSUED A DRIVER'S LICENSE?
p85
Regular Member
not to fret
I think everyone recognizes the various terms used. It is just that various states have different rules on what their form of concealed carry allows. Semantics, its a word thing.
I think everyone recognizes the various terms used. It is just that various states have different rules on what their form of concealed carry allows. Semantics, its a word thing.
PT111
Regular Member
I know that this opens up all kinds of jokes but in SC we get a CWP, Concealed Weapons Permit and in SC a concealed weapon is defined as a handgun with an overall length of less than 12 inches. But right off hand I can't think of any other weapons that are prohibited so with a CWP you can carry almost any kind of weapon concealed. As for long guns in SC the only laws about carrying them that I can find is while hunting or fishing in certain areas. I haven't tried it but I haven't actually found any law prohibiting me from OC'ing a shotgun in Wal mart.
farkles
Regular Member
One follow up question would be then, if is CHP is only for "handguns" then are we all breaking the law when we have a rifle in the back seat of our vehicles within reach with a blanket over it? According to the AG that is a concealed weapon, but the CHP wouldn't cover that? I think the CHP does cover that, but then why do they call it a "handgun" permit?
The NC CHP does not cover rifles or any other weapon one would like to conceal, only handguns. It doesn't give permission or allowance to conceal any other weapon such as a rifle, knife, "blackjack", or anything else as far as I know.
farkles
Regular Member
So anyone who has any rifle within reach that is not in the open is in violation of the law no matter what. That sucks. Once again why concealed weapons should be legal without permits. That is BS
p85
Regular Member
carrying rifle in car
there is nothing illegal about having the rifle in the vehicle, covered or not, provided it is not loaded. A loaded long gun in the vehicle is illegal.
there is nothing illegal about having the rifle in the vehicle, covered or not, provided it is not loaded. A loaded long gun in the vehicle is illegal.
sultan62
Regular Member
This is something I am not sure of, and would have to look it up to give you a more solid answer. The answer I gave in my last post concerned only handguns and was based on a statement contained in a CHP packet given to me by the Cumberland Co Sheriff's Dept which they give out as a guide for people looking into getting the CHP.
The flyer is a condensed guide they hand out for familiarization and to answer some FAQs, but is not, of course, all of the laws and codes verbatim.
But I do agree with you, some of these ridiculous rules need to be changed or at least modified so they are less confusing.
cricketdad
Regular Member
CHP is also singular and the opinion is only one handgun can be concealed. AFAIK noone has been charged so there is no case law to get a clear definition of how many you can conceal.
Hmm I hadn't really thought of that issue to be honest. Just never occurred to me, but a great point.
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